DUI Lawyer | Joel Brand, Esq.

Attempting to Evade an Officer Charge

Evading an officer is a serious offense in California, carrying significant legal consequences. Understanding the specifics of this charge, the associated penalties, and potential defenses is crucial for anyone facing such an accusation. This article will provide a detailed examination of the crime of attempting to evade an officer in California, with references to relevant legal statutes and case law.

What Constitutes Attempting to Evade an Officer?

In California, attempting to evade an officer is primarily governed by two sections of the Vehicle Code: Vehicle Code Section 2800.1 and Vehicle Code Section 2800.2.

Basic Evading (Vehicle Code Section 2800.1)

Under Vehicle Code Section 2800.1, a person is guilty of evading an officer if they:

  1. Willfully flee or attempt to evade a pursuing police officer.
  2. The officer’s vehicle is distinctively marked.
  3. The officer’s vehicle is sounding a siren as reasonably necessary.
  4. The officer is wearing a distinctive uniform.
  5. The officer’s vehicle is exhibiting at least one red lamp visible from the front.

Aggravated Evading (Vehicle Code Section 2800.2)

Vehicle Code Section 2800.2 addresses aggravated evading, which occurs when the act of evasion involves reckless driving, creating a risk of harm to others. This includes:

  1. Driving with a willful or wanton disregard for the safety of persons or property.
  2. Causing damage to property or injuring another person.

Felony Evading (Vehicle Code Section 2800.3)

Felony evading, under Vehicle Code Section 2800.3, involves evading an officer in a manner that causes serious bodily injury or death to another person.

Penalties for Attempting to Evade an Officer

The penalties for evading an officer in California vary depending on the severity of the offense.

Misdemeanor Evading (Vehicle Code Section 2800.1)

  • Jail Time: Up to one year in county jail.
  • Fines: Up to $1,000.
  • Probation: Potential for probation in lieu of jail time.
  • License Suspension: Possible suspension of the driver’s license.

Felony Evading (Vehicle Code Sections 2800.2 and 2800.3)

  • State Prison: 16 months, two, or three years in state prison.
  • Fines: Up to $10,000.
  • License Suspension: Mandatory suspension of the driver’s license.
  • Restitution: Payment for any damages or injuries caused during the evasion.

Defenses to an Evading an Officer Charge

Defending against an evading an officer charge requires a thorough understanding of the circumstances and the ability to challenge the prosecution’s evidence. Common defenses include:

Lack of Intent

The prosecution must prove that the defendant willfully attempted to evade the officer. If the defendant did not realize they were being pursued, or if there was no intention to flee, this can be a viable defense.

Improperly Marked Police Vehicle

For a conviction under Vehicle Code Section 2800.1, the police vehicle must be distinctively marked and exhibiting a red lamp visible from the front. If these conditions were not met, the charge may be invalid.

Officer Not in Uniform

The officer must be wearing a distinctive uniform. If the officer was in plain clothes, this could be used as a defense.

Emergency Situations

In some cases, a driver may flee due to an emergency, such as a medical situation, and not to evade the police. Proving such an emergency existed can be a defense.

Mistaken Identity

If the defendant’s vehicle was mistaken for another, or if the wrong individual is being charged, this can form the basis of a defense.

Importance of Legal Representation

Given the serious consequences of an evading an officer charge, securing experienced legal representation is crucial. A skilled attorney can provide the following benefits:

Legal Expertise

An attorney specializing in traffic and criminal law will have the expertise to navigate the complexities of your case, from understanding the nuances of the relevant statutes to challenging procedural errors by law enforcement.

Evidence Review

A thorough review of the evidence, including dashcam footage, officer testimony, and any physical evidence, can reveal inconsistencies or errors that can be used to build a strong defense.

Negotiation Skills

An experienced attorney can negotiate with the prosecution for reduced charges or penalties, potentially avoiding jail time or reducing fines.

Court Representation

If your case goes to trial, having a knowledgeable attorney represent you in court can significantly increase your chances of a favorable outcome. They can effectively cross-examine witnesses, present compelling evidence, and argue on your behalf.

Conclusion

Attempting to evade an officer in California is a serious offense with significant legal ramifications. Understanding the elements of the charge, the potential penalties, and the defenses available is crucial for anyone facing this accusation. Securing experienced legal representation can make a substantial difference in the outcome of your case, ensuring that your rights are protected and providing the best chance for a favorable resolution.

Citations

  1. California Vehicle Code Section 2800.1
  2. California Vehicle Code Section 2800.2
  3. California Vehicle Code Section 2800.3
  4. People v. Dewey, 42 Cal.App.4th 216 (1996)
  5. California Department of Motor Vehicles (DMV) – Point System and Penalties